Religion in State Schools: Questioning, Rationale and Challenges in Spanish Law

Abstract

In recent decades, Spain has witnessed a social and political debate regarding the justification and/or appropriateness of religious education in state schools. In this paper, after providing a brief description of the current situation, I will refer to the doubts and questions that have been raised about this area of teaching, as well as its legal basis and the social function it can perform. Finally, I will address some of the aspects or difficulties involved in its provision.

1. Current Situation of Religious Education in State Schools in Spain

Currently in Spain, Catholic, Evangelical and Islamic religious education is provided in state schools1. This opportunity, which was traditionally reserved exclusively for the Catholic Church, as guaranteed in the Agreements with the Holy See2, was opened up in our country to minority faiths that signed a cooperation agreement with the State in 19923; that is, to Evangelicals, Jews and Muslims, although Jews have not yet taken advantage of this opportunity4.

Catholic religion is compulsory in schools and voluntary for pupils5. As for Evangelical and Islamic religions, the public administration will cover the costs when requested to do so by at least ten students, with the possibility of grouping pupils from different classes within the same educational stage. Students who do not choose to take religion classes (Catholic, Evangelical, or Islamic) take an alternative subject whose content has been modified according to various education laws6. The option to study religion or the alternative subject shall not, under any circumstances, lead to discrimination against students.

With regard to the current statistical data, the following

Table 1. Student Who Choose Catholic Religion as a Subject Statistical Data for the 2024.25 Academic Year.

Students Who Choose Catholic Religion as a Subject. Statistical Data for the 2024/25 Academic Year Source: Commission for Education and Culture of the Spanish Episcopal Conference. Office of Statistics and Sociology
Students	Enrolled in Catholic Religion	Total	% Enrolled in Catholic Religion
Early childhood education	264,244	603,259	43.80%
Primary education	733,350	1,551,791	47.26%
Compulsory secondary education	436,837	1,094,357	39.92%
Upper secondary education	122,440	383,537	31.92%
TOTAL	1,556,871	3,632,944	42.85%

,

Table 2. Islamic religion data.

Islamic Religion Data Source: Observatorio Andalusí 1 (2024)
Number of students	57,900
Number of teachers	311
Autonomous communities offering it in primary and secondary education	10 (Andalusia, Aragon, Ceuta, Melilla, Castile and Leon, Catalonia, Extremadura, Madrid, Murcia, and La Rioja)
Autonomous communities offering it only in primary education	5 (Canary Islands, Balearic Islands, Castile-La Mancha, Basque Country, and Valencia)
Autonomous communities not offering it	4 (Asturias, Cantabria, Galicia, and Navarre) 2

¹ The Andalusí Observatory is an institution of the Union of Islamic Communities of Spain (UCIDE), one of the two major federations that make up the Islamic Commission of Spain (CIE), which is dedicated to observing and monitoring the situation of the Muslim population in Spain and Islamophobia. Its main task is to carry out demographic studies and analyze legislation and agreements relevant to Islam in Spain. See http://observatorio.hispanomuslim.es/ (accessed on 6 October 2025). ² Mohamed points out that of the four autonomous communities with jurisdiction over education that do not yet offer Islamic religious education, only two justify this by citing a lack of student density (Galicia and Asturias); the others lack the political will to address the issue (Mohamed Mohamed 2025, p. 67).

and

Table 3. Evangelical Religion Data.

Evangelical Religion Data Source: Observatorio del Pluralismo Religioso 1 (2022–2023 Academic Year)
Number of students	9184
Number of teachers	141
Educational institutions	611

¹ The Observatory was created in 2011 on the initiative of the Ministry of Justice, the Spanish Federation of Municipalities and Provinces and the Pluralism and Coexistence Foundation, in compliance with Measure 71 of the Spanish Government’s 2008–2011 Human Rights Plan and with the aim of guiding public Administrations in the implementation of management models in line with constitutional principles and the regulatory framework governing the exercise of religious freedom in Spain. Without changing its ultimate objective, in 2021, the Observatory began embarking on a new phase in which data production and analysis will take on a more prominent role. See https://www.observatorioreligion.es/ (accessed on 6 October 2025).

serve as illustrations.

(a)

Teaching of the Catholic religion:

Students who choose Catholic religion as a subject in public schools represent 42.85% of the total student body, with high school students being the least likely to choose this subject.

(b)

According to data from the Andalusí Observatory, there are a total of 386,070 Muslim students who choose to study Islamic religion in public schools, of whom 85% do not have access to this subject. This suggests that approximately 15% take the subject, which would be an estimated 57,900 students. There are 311 teachers.

(c)

Regarding the teaching of evangelical religion7, the following data is noted:

Finally, it should be noted that, despite religious education being legally provided for, some public administrations have hindered its implementation, and this has been detrimental to parents who are unable to exercise their right to choose religious and moral education for their children in accordance with their convictions (article 27.3 of the Spanish Constitution)8. Specifically, among the difficulties that the religious denominations have identified in teaching this subject, all three complain, in general terms, about the lack of information for parents and students on the registration forms of many educational centers regarding the possibility of studying religion. They also point out that, even when parents manage to make the request, it is not uncommon, in the case of the Evangelical and Muslim religions, for the requests to go unanswered by the regional ministries9. Even when a teacher is appointed, there have been cases where school authorities have created obstacles due to the difficulties involved in planning with regard to this subject—for example, in organizing timetables—as it is an optional subject and sometimes brings together students from different grades. The Catholic Church has also detected obstacles on the part of some autonomous communities to the teaching of the subject in accordance with the terms of the regulations, which in some cases have resulted in convictions by the courts.

2. Questioning the Teaching of Religion from a “Secularist” Perspective: Two Different Ways of Understanding Neutrality

It is not unusual to hear voices that perceive religious education in Spain as a rarity, the result of past eras of Catholic confessionalism of the state10. For this reason, it may be instructive to take a look at what is happening in other European countries11. To this end, an overview of religious education in the European Union countries is provided in

Table 4. Religion Is Taught in State Schools.

Religion Is Taught in State Schools		Not Offered
Compulsory (Possibility of Exemption or Dispensation)	Free Choice
- Austria - Cyprus - Denmark - Finland - Germany - Greece - Luxembourg - Malta - Romania (primary) - Sweden	- Belgium - Bulgaria - Croatia - Czech Republic - Estonia - Hungary - Ireland - Italy - Latvia - Lithuania - Netherlands - Poland - Portugal - Romania (secondary education) - Slovakia - Spain	- France (except Alsace and Moselle) - Slovenia

.

The data obtained shows that what is unusual in our cultural sphere is not that religion is taught—on a voluntary basis—in state schools, but rather that it is not taught, as this is the case in only two countries: France (with the exception of Alsace and Moselle) and Slovenia. As González-Varas has stated, “our country, therefore, is not an exotic island where a series of subjects are taught that are not explained in any other country, nor are they incompatible with any principle of today’s democracies, such as secularism or the neutrality of public schools”12.

On the other hand, focusing on international organizations, it can be seen that in recent years there has been a shift from considering religion a “private matter” and advocating for a “religion-free school” to insisting on the importance of religious education and knowledge in schools for social cohesion and coexistence13.

Once it has been emphasized that the presence of religion is not a phenomenon peculiar to our country, but rather one that is widespread throughout Europe and recommended by international organizations, the question that some people ask is whether this area of teaching is compatible with the neutrality that should characterize public schools.

The answer to this question leads us to clarify the coexistence of two different ways of understanding secularism or neutrality. One would lead, in favor of religious neutrality, to excluding the presence of religion from the social landscape and keeping it solely in the private sphere (the home, conscience, and places of worship). Alongside this conception, there is another way of understanding neutrality that does not lead to exclusion, but rather to the inclusion of religion, defining neutrality as the normalization of the presence of diversity of beliefs in society—always, of course, within the bounds of public order protected by law. This second conception emphasizes that it is public powers and institutions that are secular, not the citizens who turn to them14. Moreover, the neutrality of a public institution—in this case, the school—means that there is room for everyone, regardless of their beliefs15. The school does not take a position on religious matters so that citizens can express themselves freely and equally; a school should be open to everyone and to all beliefs.

The United Nations Rapporteur refers to the existence of these two different ways of understanding secularism and neutrality—inclusive of diversity or exclusive of religion in the social landscape—in a thought-provoking report on religious discrimination in the workplace, stating that “in the context of freedom of religion or belief the term neutrality can have very different meanings. It can sometimes be a proxy for a policy of non-commitment towards, and non-recognition of religious or belief diversity and can even lead to rather restrictive measures in this area. Unfortunately, there are examples of unreasonably restrictive readings of neutrality within both public institutions and the private sector. By contrast, neutrality can also represent a policy of fair inclusion of people of diverse religious or belief orientation (…). In this positive understanding, the principle of neutrality serves as an antidote to all sorts of biases, exclusions, negative stereotypes and discrimination. It provides an open and inclusive framework for the free and non-discriminatory unfolding of religious and belief diversity”16.

The accommodation of neutrality with an increasingly pluralistic social reality leads, in my opinion, to the opportunity to adopt a conception of neutrality, not as a denial or “invisibilization” of the religious presence in society, but as acceptance, normalization, and inclusion of existing diversity. It should also be borne in mind that neutrality understood as the exclusion of everything religious may not be neutral, as it is not an “aseptic” reflection of reality and, furthermore, in this option of not accommodating beliefs, “non-religious” citizens would be at an advantage17. The current situation calls, in my view, for the option of inclusive neutrality18. Furthermore, it should be noted that, as will be seen later, a religion that is constrained or confined within a bubble is more likely to generate a lack of social cohesion, and in some cases even radicalization, than a “normalized” religious presence.

In any case, in our country, the competent body for ruling on the compatibility of religious education in public schools with the constitutional principle of secularism understood that: “The inclusion of religious education in the education system—on an optional basis—makes it possible for parents to exercise their right to have their children receive religious and moral education in accordance with their convictions (Art. 27.3 CE), as well as the effectiveness of the right of religious denominations to the public dissemination and expression of their religious beliefs, which is the core content of religious freedom in its collective dimension (Art. 16.1 CE)” (STC 38/2007 of 15 February)19.

3. Basis and Social Function of Religious Education in State Schools

Having pointed out the compatibility between religious education in state schools and the neutrality of the institution, I will now refer to the legal basis on which such education is founded and the social function it can perform in line with the recommendations of international organizations.

3.1. Legal Basis for Religious Education in Public Schools

As for the direct basis, mention should be made of the right of parents to have their children receive religious and moral education in accordance with their convictions20. This right is enshrined in the main international texts. Thus, the United Nations International Covenant on Civil and Political Rights establishes that “the States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions” (Art. 18.4). Similarly, within the Council of Europe, the European Convention on Human Rights states that “No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. (Art. 2, Additional Protocol)”21.

The Spanish legal system expressly enshrines this right in the Constitution by stating that “the public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction in accordance with their own convictions” (Article 27.3)22. For its part, the Organic Law on Religious Freedom stipulates that “1. Religious freedom… guaranteed by the Constitution includes the right of every person to: (c) Receive and teach religious education and information of all kind, either orally, in writing or by any other means, to choose for oneself and for the non-emancipated and disable children under one’s responsibility, in and out of the school, the religious and moral education according with one’s own religious beliefs. (…) 3. For the real and effective application of these rights, the public authorities shall adopt the necessary measures (…) to ease religious education in public educational institutions” (article 2).

It should be noted that the provision expressly states “in and out of the school”23. Certainly, the absence of religious education in schools would not necessarily deny parents the aforementioned right, but it would make it difficult for them to exercise it. Furthermore, the inclusion of religious education in schools is linked to the intention of giving it an academic character.

Among the criteria that such teaching should meet in order to achieve academic standards, the authors refer to the following: (a) it should be of high quality and taught rigorously; (b) it should contribute to education in general; (c) it should include some form of interfaith learning that helps to foster tolerance and respect24; (d) that satisfies children’s right to religious education; (e) and that is taught by professionally competent teachers25.

Some have pointed out that parents’ right to choose religious education for their children in accordance with their beliefs would be safeguarded by the existence of private or state-subsidized schools with a specific ideology. However, by including it on a voluntary basis in state schools, all parents are guaranteed the exercise of this right, and not only those who can and want to send their children to a private school; that is, the aim is to make state schools open to all.

The rationale behind the existence of religious education in state schools is the need for this option to be voluntary, as it obviously cannot be compulsory under any circumstances26.

3.2. Social Function of Religious Education

Alongside the main legal basis of guaranteeing the exercise of parents’ right to religious education for their children on an equal footing, religious education in state schools also fulfills other social functions that contribute to social cohesion and coexistence. In this paper, two aspects will be highlighted: firstly, that religion is a phenomenon of undoubted social significance in history and in the present day; hence the need to understand it in order to comprehend other aspects of culture such as art, literature, etc.; that is, it would be a question of combating what has come to be known as “religious illiteracy”. Secondly, religious education in schools is an instrument of integration and social inclusion for religious minorities in our country and a tool for preventing radicalization. I will now briefly discuss these two aspects. Some authors have also included among these functions the need to satisfy the search for meaning in life, which has become more pressing after the collapse of the great secular ideologies27.

(a)

Promoting religious knowledge and culture.

The document “Toledo Guiding Principles on the Teaching of Religion in Public Schools”, prepared by OSCE-ODIHR, addresses this issue. Although it refers to non-denominational religious education, it is worth noting that among its conclusions it states that knowledge about religions and beliefs “can make us more aware of the importance of respecting the right of all people to freedom of religion or belief, promoting democratic citizenship, fostering understanding of diversity within society and, at the same time, increasing social cohesion”. It adds that knowledge of religion “has valuable potential to reduce conflicts that arise from a lack of understanding of the beliefs of others and to promote respect for their rights” and “is an essential component of quality education. It is a prerequisite for understanding much of history, literature and art, and can be useful for broadening cultural horizons and gaining a deeper insight into the complexity of the past and present”28.

In the same vein, among the reasons for promoting the study of religion in schools, Ferrari points to the need to combat religious ignorance, which hinders understanding and leads to a lack of knowledge about a central dimension of personal and collective life29.

(b)

The teaching of religion as a tool for the social inclusion of people belonging to religious minorities.

In recent decades, Western societies have seen a proliferation of conflicts, unrest, tensions and an increase in populism and hate speech of various kinds, leading us to question the effectiveness of public policies on social inclusion, specifically the inclusion of new ethnic–religious minorities, which are increasingly present in countries within our cultural sphere30.

In my view, part of the problem stems from the fact that people belonging to these communities, mainly—though not exclusively—Islam, are still perceived in their own countries as “foreigners”31. However, many of its members, even those from migrant backgrounds, are now second-, third-, or subsequent-generation European citizens, some with no ties abroad. It is this duality of incompatible identities—civic and religious—that ultimately leads to detachment, isolation, frustration or, especially among young people, what could lead to radicalization.

Given this observation, greater attention must be paid to the specific religious situation of persons belonging to these minorities and to their normalization within the social landscape. One such measure could be to improve understanding of the religious phenomenon and the importance of respect for beliefs as an important part of a person’s identity; that is, greater knowledge of religion32. Likewise, the inclusion of religion in public schools and the study of one’s own beliefs in connection with civic values can undoubtedly act as an antidote to dualistic discourses that present religion as something antagonistic to civic values33. In this regard, teaching religion, and specifically the religion of people belonging to minorities, is an excellent tool for cohesion and prevention of radicalization, and an optimal instrument for inclusion34.

For example, if Islam is taught in schools using authorized textbooks and programs that are compatible with constitutional values35, teachers with the required qualifications and integrated into the school, etc., the children who receive this education will learn it as something in accordance with the legal system and society in which they live36. Their understanding will be very different if they only hear about religion in a mosque-oratory, from a foreign imam who speaks another language and gives a speech that has no connection with the input the child receives outside that space, rather than through the internet or social media, where they can easily fall prey to radical groups37. We therefore have an optimal tool for managing the inclusion of religious minorities, from which we could derive greater benefits for society if we were more aware of the importance of this issue38. In the face of the misuse of religion, a deep, calm and truthful understanding of religion is more necessary than ever for peace and coexistence.

As I have already mentioned, the suitability of religious education as a tool for social cohesion has been highlighted by European and international organizations that urge the teaching of religions, with denominational and non-denominational education being complementary39. Thus, for example, the Council of Europe maintains: “7. School… lays the foundations for tolerant behaviour, founded on respect for the dignity of each human being. By teaching children the history and philosophy of the main religions with restraint and objectivity and with respect for the values of the European Convention on Human Rights, it will effectively combat fanaticism. Understanding the history of political conflicts in the name of religion is essential. (…) 14. The Assembly also recommends that the Committee of Ministers encourage the governments of member states to ensure that religious studies are taught at the primary and secondary levels of state education”40.

4. Issues Relating to Religious Education in Schools

Having referred to the legal basis and social function of religious education in schools, in this section I will address some of the questions raised by its provision. Firstly, I will discuss whether such education should be denominational or whether it should be a non-denominational subject covering the history and culture of religions. Secondly, I will try to answer some questions regarding the authority to hire and dismiss religious education teachers in state schools. Finally, I will briefly refer to the alternative subject to religion; that is, what do those who do not study religion study?

4.1. Denominational and/or Non-Denominational Religion

With regard to the teaching of religion in schools, it is necessary to determine whether we are referring to denominational teaching of religion and/or non-denominational teaching, i.e., history or culture of religions41, present, above all, in the United Kingdom and Scandinavian countries, and taught, as it is non-denominational, on a compulsory basis42.

Behind the debate on denominational or non-denominational teaching of religion or religions, Ferrari has pointed out that there are two different conceptions of public school. For those who defend denominational teaching, school is, above all, an institution at the service of families and students, so if they request such teaching, public schools should be able to offer it. For those who defend non-denominational teaching, school is, above all, an institution at the service of society as a whole, so if social changes require knowledge of the different religions present in the country, the school must offer it. In reality, as the author himself points out, this is a false dilemma, since both types of education—religious and non-religious—are not incompatible and each fulfills a complementary function43.

Focusing on non-denominational religious education in state schools, one objection that has been raised is whether it is possible to teach it neutrally. In this regard, if teachers are trained, it does not seem that the difficulties of teaching this subject in a neutral manner are very different from teaching other subjects such as philosophy, history, etc., in a neutral manner. Neutrality will be respected if the teacher explains religions (their history, traditions, etc.) but does not express an opinion on them.

Another aspect that has aroused suspicion in some sectors regarding non-denominational teaching of religions is the fear that this subject will end up replacing religious education. In this regard, it should be emphasized that, as I have pointed out, these are subjects with different rationales: non-denominational teaching of religions responds to the right to education that encompasses knowledge of a world of which religions are—and always have been—a part. Confessional teaching, however, although it also contributes to the above, is based more directly on giving effect to the right of parents to have their children educated according to their beliefs. In any case, it should be emphasized that confessional and non-confessional religious education are not mutually exclusive options, but complementary ones.

It is interesting to note that, in addition to introducing a specific subject on non-denominational teaching of religion or beliefs, there are other ways of achieving or reinforcing the same objective; for example, by introducing cross-curricular teaching on the subject, adding some content to history, philosophy, literature, etc. Another option is offering some specific extracurricular activities, perhaps on the occasion of major religious festivities.

A final point to note in relation to this issue is that, alongside the teaching of religions, the school curriculum should also include, in some way, the education of students in tolerance and respect for religious freedom, given the growing importance of this right in an increasingly pluralistic society. Furthermore, it should be borne in mind that the increasing secularization of our society may lead to a decline in sensitivity to the importance that beliefs have for a person with beliefs, and to the connection between these beliefs and personal dignity. This subject could also help to highlight the positive contribution of religion throughout history and in the present day: the role that religions have played and can play today. It could show, in the words of UNESCO, “the role of religion in consolidating in society moral values, tolerance, social optimism, the furtherance of intercultural dialogue and civil peace”44. The news tends to highlight abuses committed in the name of religion, making it easy to have a negative view of this reality and forget that religions have played, and continue to play, an important social role in education, helping people in need, etc. This knowledge would reinforce an attitude of tolerance and respect towards people with different beliefs.

4.2. The Hiring of Religion Teachers45

This has probably been one of the most contentious issues put before the courts in Spain. The current system establishes the need for a proposal from the religious authority—a declaration of suitability46—for the hiring of teachers by the competent public education administration under a labor regime with a permanent contract that is automatically renewed each year and under conditions comparable to those of other temporary teachers at the same educational level47. As for the causes for termination of the contract, in addition to the general ones, it is worth mentioning the religious revocation of suitability48.

The questions raised by the aforementioned system are mainly the following. First, it is questioned whether public procurement linked to a religious proposal is legitimate. Secondly, there has been debate as to whether religious suitability may require teachers to behave in a manner consistent with the tenets of the religion and morality they teach, or whether they should only be required to have the necessary knowledge of the subject and teaching methods. Finally, can religious suitability be challenged in court? And if so, on what aspects can the courts rule? I will address these questions below.

(a) With regard to the legitimacy of public procurement linked to a proposal made by a religious denomination, this is justified solely by the confessional nature of the subject matter to be taught. Thus, the Constitutional Court has affirmed that “the power granted to ecclesiastical authorities to determine who is qualified to teach their religious creed constitutes a guarantee of the freedom of churches to impart their doctrine without interference from public authorities (…). It would be inconceivable for public administrations to entrust the teaching of religion to persons who are not considered suitable by the religious authorities. It is only the churches, and not the State, that can determine the content of religious education to be taught and the requirements for persons qualified to teach it”49.

(b) Regarding whether suitability may require teachers to behave in a manner consistent with the tenets of the religion and morality they teach, or only knowledge of the subject and teaching skills, the Constitutional Court has also ruled that “the Constitution allows for the consideration not only of the knowledge and teaching skills of religion teachers, but also of their own behavior, “to the extent that personal testimony constitutes a defining component of the religious community’s creed, to the point of determining aptitude for teaching, understood as a means of transmitting certain values”50.

(c) Regarding the aspects on which the courts may rule when a teacher is dismissed due to the withdrawal of their suitability on religious grounds, in the opinion of the constitutional body, these are as follows: First, they must assess whether the withdrawal of suitability is based on religious or moral grounds, as these are the only grounds that justify the intervention of a religious authority in public hiring51. If so, the court will weigh up the rights that have been infringed, taking into account that the teacher’s rights are rights associated with the position he holds; that is, in the performance of a religious task. In this weighing up, obviously, the court cannot make an assessment of the beliefs52.

The manner in which this weighing of rights (those of the teacher dismissed for loss of suitability and those of the denomination and parents to have their children educated by whoever is denominationally suitable) is carried out is not uncontroversial. Recently, the courts have ruled in some cases that religious motivation in the decision to withdraw suitability on the grounds of personal conduct incompatible with the tenets of Catholic morality cannot, in itself, prevail over the fundamental rights of the worker53. However, in other similar cases, the ruling has been to the contrary. Thus, in STC 128/2007, of June 4, the Constitutional Court considered that, once it had been proven that the non-renewal of suitability was based on religious and moral criteria defined by religious authorities, it was necessary to weigh up the conflicting rights, bearing in mind that “the limitations established cannot obstruct the fundamental right beyond what is reasonable” and, in that case, “they are not disproportionate or unconstitutionally prohibited, insofar as they are justified by respect for the lawful exercise of the Catholic Church’s fundamental right to religious freedom, in its collective dimension (Art. 16.1) in relation to the right of parents to the religious education of their children (Art. 27.3)” (f.j. 11). The case would eventually reach the European Court of Human Rights, which understood that the restriction of the teacher’s rights pursued a legitimate aim: to protect rights such as the autonomy of the Catholic Church in choosing persons qualified to teach religious doctrine54.

Underlying these conflicts is the dual and peculiar concurrence of powers between the contracting administration (given that these are teachers employed by public schools) and the religious denomination (given that the teacher is hired by the school to perform a “religious” task). Although other models of teacher employment might better protect the autonomy of religious denominations, Spanish lawmakers opted for employment contracts in order to better protect the economic and social rights of workers.

4.3. The Alternative to Religion: What Do Those Who Do Not Study Religion Study?

The final issue briefly considered in this paper is what alternatives are pursued by students who do not take the religion course. The answers to this question have changed in the various education laws in Spain, laws that, moreover, have been modified practically with each change of legislature55. A summary of the subjects proposed in the various laws is provided in

Table 5. Law and Alternative to Religion.

Year	Law	Alternative to Religion
1980	LOECE—Ley Orgánica por la que se regula el Estatuto de Centros Escolares	Study activities/free time
1985	LODE—Ley Orgánica del Derecho a la Educación	Not specified; depends on the center
1990	LOGSE—Ley Orgánica General del Sistema Educativo	Study activities (non-academic)
2002	LOCE—Ley Orgánica de Calidad de la Educación (no aplicada)	“Society, Culture, and Religion”
2006	LOE—Ley Orgánica de Educación	Educational Support/Citizenship Education (compulsory for all)
2013	LOMCE—Ley Orgánica para la Mejora de la Calidad Educativa	Social and Civic Values (Primary)/Ethical Values (Secondary)
2020	LOMLOE—Ley Orgánica de Modificación de la LOE (“Ley Celaá”)	Educational support (without academic content or grading).

.

Whatever the subject, it should be borne in mind that it is essential that the subject or activity offered as an alternative to religion be of educational interest to students and that the choice between religion and the alternative not be discriminatory toward any students56.

5. Conclusions

Every society is the result, among other factors, of its history, and there is no doubt that in Spain, the tradition of Catholic confessionalism has had a significant influence. This is probably why there are voices in our country that identify the presence of religious education in schools with confessional motivations to indoctrinate students. Not enough consideration is given to the fact that, in the current context of a secular state, in a fairly secularized and increasingly pluralistic society, religious education in public schools plays a crucial role. Along with its essential foundation—the right of parents to choose religious and moral education for their children in accordance with their convictions—religious education currently fulfills an important function as a tool for strengthening social cohesion. However, the new social and legal context has required modifications to the system. Firstly, obviously, is the voluntary nature of its provision; alongside this, the incorporation of the teaching of the different religious denominations present in the country; the development of curricula that include specific training in the subject in connection with current educational values, among other aspects, articulating it in such a way that it contributes to respect and engage in dialogue with other beliefs, hence the interest in supplementing denominational religious education with some form (specific or cross-cutting) of non-denominational teaching of the different religious traditions, in order to help counteract the lack of education of younger generations in this area and combat existing prejudices through knowledge. Awareness of the suitability of this tool for social peace and coexistence should serve to separate it from the ideological debate or discourse of the end of the last century; what in France has been called moving from a “secularism of incompetence (religion is none of our business) to a secularism of intelligence (it is our duty to understand it)”57.